Reja Ahammad vs The State of West Bengal

Jyotirmay Bhattacharya, J.—This mandamus appeal is directed against the judgment and/or order passed by the Learned Single Judge of this Court on 18th March, 2013 in W.P. 2299(W) of 2010 at the instance of the writ petitioner/appellant.

The writ petitioner/appellant was an aspirant for the post of Lecturer in Political Science in any college under Vidyasagar University. Pursuant to the advertisement issued by the West Bengal College Service Commission on 5th December, 2008, the writ petitioner/appellant applied for the post of Lecturer in Political Science. The relevant portion of the said advertisement runs as follows:-

"(I) For Degree Colleges:

(i) Consistently good academic record with at least 55% marks (without any sort of grace) or an equivalent grade in the master''s degree preceded by 3 yrs Hons. Degree in the concerned subject with at least 2nd class marks.

Relaxation of 5% from 55% of the marks is admissible to candidates (a) belonging to SC/ST/PH category, and (b) qualified in the JRF examination conducted by the UGC/CSIR only prior to 1989.

(ii) Qualifying of the Eligibility Test for JRF/Lectureship conducted by UGC/CSIR(NET) or UGC accredited State Eligibility Test (SET) earlier SLET conducted by WBCSC or possessing of Ph.D. or M.Phil. degree in concerned subject.

(iii) Good power of expression (speaking, reading & writing) in Bengali/Nepali."

The writ petitioner/appellant wanted to participate in the selection process for the post reserved for O.B.C. (A). The writ petitioner/appellant completed 3-years Degree course with Honours in Political Science in the year 2003 from the University of Burdwan. Thereafter the writ petitioner/appellant completed M.A. Part-I and Part-II Examination from Vidyasagar University obtaining 440 marks in the aggregate out of full marks of 800. He also did his M.Phil in Sociology from Jadavpur University.

The degree which the writ petitioner/appellant acquired up to the Master degree course satisfies the eligibility criteria of the candidate seeking appointment in the post of Lecturer in Political Science as per the said advertisement.

Problem started during the course of the interview when the College Service Commission found that his M.Phil degree in Sociology does not satisfy the eligibility criteria for dispensing with the requirement of him being qualified in State Level Eligibility Test. According to the College Service Commission, M.Phil degree in Sociology is not equivalent to M.Phil degree in Political Science. As such, the writ petitioner/appellant was excluded from the process of selection from that stage.

Being aggrieved by and dissatisfied with the said decision of the College Service Commission, the writ petitioner/appellant moved a writ petition being W.P. 2299(W) of 2010 before the Writ Court. The Learned Trial Judge held that the writ petitioner''s M.Phil degree in Sociology cannot be considered to be equivalent to the M.Phil degree in Political Science. As such, the Learned Trial Judge dismissed the said writ petition. The instant mandamus appeal is directed against the said judgment and/or order of the Learned Trial Judge.

Let us now consider the merit of the instant appeal in the facts of the instant case.

From the advertisement which was published on 5th December, 2008, we find that the subject Political Science and the subject Sociology were regarded as two different disciplines by the West Bengal College Service Commission. Political Science was shown under Serial No. 32 and Sociology was shown under Serial No. 36. The said advertisement also indicates that there were 18 vacancies for the General candidates, 6 vacancies for the OBC candidates, 14 vacancies for the SC candidates and 6 vacancies for the ST candidates for the subject Political Science. So far as the subject Sociology is concerned, there were 2 vacancies for the General Candidates, 1 vacancy for the OBC candidates and 1 vacancy for the SC candidates. The said selection process was initiated for filling up those vacancies amongst other vacancies in other different subjects.

The writ petitioner/appellant contends that his M.Phil degree in Sociology is equivalent to the M.Phil degree in Political Science and as such he is entitled to be exempted from being qualified in State Level Eligibility Test. Though such a stand was taken by the writ petitioner/appellant, but he neither produced such Equivalent Certificate before the concerned authority to establish his claim nor he produced such equivalent certificate before the Learned Trial Judge.

The writ petitioner/appellant, however, for the first time in course of hearing of this appeal filed a supplementary affidavit by bringing on record the equivalent certificate issued by the Head of the Department of Sociology, Jadavpur University on 28th October, 2013.

We have perused the said certificate issued by the Head of the Department of Sociology, Jadavpur University wherein the Head of the Department of Sociology, Jadavpur University certified that M.Phil degree in Sociology is academically appropriate, relevant and equivalent to M.Phil degree in Political Science.

Relying upon the said Equivalent Certificate issued by the Head of the Department of Sociology, Jadavpur University, the learned advocate appearing for the writ petitioner/appellant invites us to intervene in this matter, so that the candidature of the appellant can be considered by the College Service Commission for the post of Lecturer in Political Science.

We are informed that some of the posts of Lecturer in the concerned subject still remain vacant.

Mr. Mandal, learned advocate appearing for the West Bengal College Service Commission submits that the College Service Commission has already initiated selection process subsequently for filling up those vacancies and as such those vacant posts cannot be filled up by the writ petitioner/appellant even if he is found to be eligible for the said post after the life of the panel expired in 2010.

Despite such Equivalent Certificate was issued by the Head of the Department of Sociology, Jadavpur University, we feel that the said Equivalent Certificate cannot enure to the benefit of the writ petitioner/appellant as the College Service Commission treated Political Science and Sociology as two different disciplines. As such, the M.Phil degree in Sociology cannot be treated as equivalent to the M.Phil degree in Political Science and the vice versa is also correct.

Thus, we do not find any merit in this appeal. The appeal thus stands dismissed. The order of the Learned Trial Judge is thus affirmed.

Re: CAN 8667 of 2013 (Stay)

view of dismissal of the appeal in the manner as aforesaid, no further order need be passed on the stay application. The stay application being CAN 8667 of 2013 is thus deemed to be disposed of.